§269E-2  Definitions.  As used in this
[chapter], unless the context clearly requires otherwise:



"Agency" means any state or county
department, commission, board, bureau, office, or other establishment of the
state or county government or semi-autonomous part thereof.



"Approximate location of subsurface
installation" means a strip of land not more than thirty inches on either
side of the exterior surface of the subsurface installation, and does not refer
to the depth of the subsurface installation.



"Center" means the one call center.



"Commission" means the public
utilities commission.



"Committee" means the one call center
advisory committee.



"Damage" means:



(1)  The substantial weakening of the structural or
lateral support of a subsurface installation;



(2)  The penetration or destruction of any protective
coating, housing, or other protective device of a subsurface installation; or



(3)  The partial or complete severance of a subsurface
installation.



"Demolition" means the wrecking,
razing, rendering, movement, or removal of a structure or mass of material by
means of tools, equipment, or the placement and discharge of explosives.



"Emergency" means a sudden,
unexpected occurrence involving a clear and imminent danger, demanding
immediate action to prevent or mitigate loss of or damage to life, health,
property, or essential public services.



"Excavation" [Repeal and
reenactment on June 30, 2012.  L 2009, c 72, §5.] means any operation in
which earth, rock, or other material in the ground is moved, removed, or
otherwise displaced by means of tools, equipment, or explosives, including but
not limited to the following:  grading, trenching, digging, ditching, boring,
drilling, auguring, tunneling, scraping cable or pipe plowing and driving,
demolition, and dredging.  "Excavation" shall not include any
operation in which earth, rock, or other material in the ground is moved,
removed, or otherwise displaced by means of tools, equipment, or explosives as
part of:



(1)  Improving an existing principal place of residence
for one or two families, or improving or constructing an appurtenance thereto,
on a parcel of land two acres or less in size, zoned for residential use, which
is used or occupied or is developed, devoted, intended, or permitted to be used
or occupied as a principal place of residence for one or two families; or



(2)  Any pest control activity regulated under chapter
460J.



"Excavator" means any person,
including an operator, who performs any excavation, other than an operator
whose employees are performing maintenance work on the operator's subsurface
installation.



"Inquiry identification number" means
the number issued by the center to every excavator who contacts the center for
the purpose of excavating.



"One call center" means a private
provider selected by the commission pursuant to section 269E-5 that provides
advance warning to excavators of the location of subsurface installations in
the area of an excavation for the purpose of protecting those installations
from damage.



"Operator" means any person who owns,
operates, or maintains a subsurface installation.



"Person" means any individual, firm,
joint venture, partnership, corporation, association, agency, cooperative or
joint stock association, contractor, subcontractor, operator, or other entity.



"Subsurface installation" means any
pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other
structure that is located underground.



"Working day" means every day from
7:00 a.m. to 5:00 p.m., except Saturday, Sunday, or any federal or state
holiday. [L 2004, c 141, pt of §1; am L 2009, c 72, §2]